Hong Kong (Nationalitys
16 JANUARY 1986
[Mr. David Waddington]
concessions to any particular group of people, whether in Hong Kong or elsewhere, must be judged, not in isolation. but in the context of the Government's general policy and the pleas that many people throughout the world make to be allowed to come to settle in this country. That is the background to the Government's approach to the issues to be addressed by the House this evening.
During the debate on the Hong Kong Bill the Government undertook to put forward their detailed proposals for the nationality order in good time, and in a form which would allow them to be debated and, if necessary, amended, before the House was invited to give its approval. We have done that. The White Paper containing the order was published in the United Kingdom and in Hong Kong on 17 October. The 3.25 million British dependent territories citizens in Hong Kong to whom these matters are of vital interest have had a full opportunity to comment on the order. Hon. Members now have a chance to express their views. The Government will listen carefully to all that is said tonight. We shall consider particularly whether we should amend any of the provisions in the order.
We have followed carefully the reaction in Hong Kong to the White Paper, the text of which had been agreed with the Hong Kong Government and Executive Council. It was debated in the Hong Kong Legislative Council on 4 December 1985, and some important points were raised. During that debate Members asked the British Government to do more to explain the arrangements for the new passport to third countries. They wanted to be assured that it would be internationally acceptable as a travel document, and that its holder would enjoy the same rights of access to other countries as those holding British dependent territory passports. They asked that the new passport should say that the holder did not need entry clearance to enter the United Kingdom. Members also supported the request by the non-Chinese ethnic minority in Hong Kong and by some former service men to be granted British citizenship rather than British National (Overseas) status or British overseas citizenship. A motion to that effect was passed, supported by the Hong Kong Government, and I shall respond to those points which are of the greatest importance in a few minutes. It might be for the convenience of the House if I first say a few words in explanation of the draft order.
I should like to make it clear at the outset that the order can, by definition, affect only those who are British dependent territories citizens by virtue of a connection with Hong Kong. Therefore, it cannot affect anyone who is not a British dependent territories citizen, or whose citizenship can be derived wholly from a connection with another dependent territory. But it is not sufficient simply to refer in the order to
"a connection with Hong Kong"
without defining what such a connection may be. Article 2 of the draft order provides that definition. It sets out in a convenient, logical and clear format all the ways in which a person may have become connected with Hong Kong. It encompasses all the Hong Kong British dependent territories citizens listed in annex 2 to the White Paper, although, as the White Paper explains, virtually all such people in Hong Kong are citizens by birth, registration or naturalisation there. It is possible, however, that a citizen may be able to trace this connection through
4 number of the encumstances set out in article 2 and in the more detailed annex 2. While the categories in article 2 are satisfactory for legislative purposes, the greater detail given in annex 2 is intended to help people find out whether they come within the order by matching their particular circumstances with those in the list. Therefore, article 2 defines connection with Hong Kong for the purpose of the order, and article 3 provides that anyone who is a British dependent territories citizen by virtue of such a connection shall cease to be such a citizen on 1 July 1997.
Article 4 sets out the way in which the new status of British National (Overseas) may be acquired by those who will cease to be British dependent territories citizens in 1997. The terms of the United Kingdom memorandum associated with the joint declaration provide that this status will be acquired by such persons only if they hold or are included in a passport showing the new status issued before I July 1997 or before the end of 1997 in the case of persons born in the first six months of that year. Under the terms of the agreement, therefore, it will not be transmitted to descendants born after 30 June 1997.
All Hong Kong British dependent territories citizens will be entitled to acquire BN(O) status. Acquisition will be by registration. This is consistent with the long- standing provision in British nationality law for those exercising an entitlement to citizenship, but the terms of the memorandum. reflecting the particular needs of Hong Kong, link its acquisition to the holding of a BN(O) passport. The passport, together with the central register which will be maintained. will be evidence of the new status so article 4 provides a clear entitlement to hold a BN(O) passport.
Mr. Andrew Faulds (Warley, East): I am sorry to intervene on what is a point of detail perhaps more than a point of comfort. but can something be done about the coldness of the Chamber? There are great gusts of cold air coming in. It is excessively chilly.
Mr. Deputy Speaker: If the hon. Gentleman feels uncomfortable. I shall make some inquiries about the problem.
Mr. Waddington: I am sure that that should be done in deference to our guests from Hong Kong, who may be finding it very uncomfortable. I hope that what I am saying does not create any cold winds.
The formalities going with registration will be kept to a minimum. This is very important. We envisage only that each person's particulars will be entered on a central register. It is important to repeat the point that no separate fee will be charged for registration.
I come next to the article dealing with statelessness. The joint declaration guarantees to all those BDTCs, except those who have left Hong Kong permanently and have the right of abode elsewhere, the right of abode in Hong Kong from 1 July 1997, and the Order in Council gives all Hong Kong BDTCs the right to register as BN(O)s. During the passage of the Hong Kong Bill a number of Members were concerned that those British dependent territories citizens in Hong Kong who were not ethnically Chinese, and their children, might be left stateless in 1997 because they would not be regarded as Chinese nationals. The Government recognised that concern and gave a firm undertaking that no former Hong Kong British dependent territories citizen, nor any child born after June 1997 to
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